Legal Action aginast an Employee who left

Human Resources » Industrial Law & Discipline

	Message From: rvbs2	Total Posts: 1	Join Date: 16/09/2008
Rank: Beginner	Post Date: 16/09/2008 05:03:09	Points: 5	Location: India

Dear Experts...!

As per our policy, 45 days notice / in-lieu of salary is mandatory either side.

Now one person left breaking that with just 2 days of notice and without approval of his resignation.

Can you please tell me what all the possible legal actions can be taken against him ?

	Message From: sangeeta_shetty	Total Posts: 16	Join Date: 16/09/2008
Rank: Executive	Post Date: 16/09/2008 22:21:12	Points: 80	Location: India

Hi,

A strict correspondence thru a letter should be done with the employee to either serve the notice period or revert with the recovery amount to be done by the company for the shortfall of the notice period.

However, if he/she is an executive level employee, there is nothing much that can be done except for recovery, since filing a case would itself cost the company money & time. On the flip side, if he/she is a senior guy, you may consult your corporate legal counsel for the proceedings for the same.

If the employee does not pay salary in-lieu, the company can stop all his relieveing/resignation acceptance letters, salary/exps on hold and issue of experience letter. As cited above, the letter should be sent 2-3 time by way of follow up to generate seriousness of this issue for the employee.

Sangeeta